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Mayor takes over PTC Police Dept.Tue, 06/06/2006 - 4:26pm
By: John Munford
 In light of this weekend’s DUI arrest of Peachtree City Manager Bernie McMullen, Mayor Harold Logsdon has taken over one of McMullen’s tasks: overseeing the police department. It’s a first for Peachtree City. Click here to read the police incident report of McMullen's arrest. Logsdon said Monday night that he has spoken with each council member individually to get their approval for him to assume the duty, although no public record of that polling exists. But council has not voted in public to name Logsdon as supervisor of the police department, despite the fact that McMullen’s arrest was the subject of a special called meeting Sunday night. Monday night, Logsdon said the main concern of council at the Sunday night meeting was not to take a vote on the matter. “We decided, let’s not vote on anything tonight — let’s see what happens in the morning,” Logsdon said. McMullen will remain as city manager, and Logsdon indicated that he and the entire council support him and lauded McMullen’s performance as city manager. City Attorney Ted Meeker said several sections in the charter and in the code of ordinances allow the mayor to assume part of the city manager’s duties, and it could certainly happen if the City Council voted to do so. Current plans are for a formal council vote at the next regular meeting slated for June 15. McMullen was arrested Saturday night after officers stopped him on his golf cart at the amphitheater parking lot following a performance of the Motown-Sound group, the Temptations. According to the police report, McMullen was charged with DUI, possession of an open container of alcohol and possession of alcohol in a park, the last a city ordinance violation. McMullen refused to take the breath test police sought, although he registered a .104 on a preliminary breath test, the report said. Under Georgia law, anyone who registers .08 or more blood alcohol content on a breath or blood test is considered “under the influence.” The initial reading was likely taken with a portable breath alcohol sensor, but a desktop machine is used to record official results to be presented in court. The police report also indicated that McMullen had a “glass of wine” in his possession at the time of the incident. Amphitheater patrons are allowed to bring their own beer or wine to concerts. The amphitheater also sells alcohol at adult-oriented events such as the summer concert series. McMullen, 57, of Panstone Drive, Peachtree City, was taken to the Fayette County Jail where he was released on a $1,669 cash bond Sunday, officials said. Part of the problem with this situation is the city is dealing with an “unprecedented situation,” Meeker said. Meeker said the council didn’t vote in closed session Sunday to authorize the mayor to oversee the police department in McMullen’s place. That would have been illegal, Meeker said, noting that as legal counsel he too could be held responsible if the city were to violate the open meetings law. “There was discussion, but no action was taken,” Meeker said, adding that council didn’t really get into a possible reprimand or any other action against McMullen. Council could have chosen to vote at the meeting after it re-adjourned into open session moments before the meeting ended. No council action has been taken against McMullen, but Mayor Logsdon has assumed administrative control of the police department. “The council members and I are aware of this unfortunate incident and have discussed it,” Logsdon said in a prepared statement Monday. “Bernie has always performed his duties as city manager in an exemplary manner. He has our full support and will continue managing the day-to-day operations of the city, with one exception. Pending council approval, I will assume direct supervision of the Police Department as we continue through the budget process and until the case has been adjudicated.” On Tuesday, Meeker cited language in the city charter and ordinances that he said would authorize Logsdon’s assuming direct control of the police department. Meeker said the possibility of Logsdon assuming administrative control of the police department is considered in several places in the city’s charter and ordinances. Such an action has never been taken by a mayor of Peachtree City. Although there is no public vote giving that power to Logsdon, Meeker said he anticipated that happening at the June 15 council meeting. The gist of the meeting was to determine where the city proceeds from an operational basis, especially given the potential conflict of allowing McMullen to remain supervisory control over the police department, Meeker said. Meeker said the discussion also centered on what information the city could release about the incident. The city provided the full five-page incident report immediately upon The Citizen’s request Monday afternoon. Council did not take any evidence in closed session — which would have been illegal — and each council member was already aware of McMullen’s arrest before the meeting began, Meeker said. Georgia’s open meetings law prohibits a government body from taking or hearing evidence related to disciplinary action against a public official during a closed meeting. Any such charges or evidence must be heard during a public session of the council. The city is “trying to avoid even the appearance of a conflict,” Meeker noted; McMullen’s criminal case will be handled by Fayette County State Court instead of the city’s municipal court where most DUI cases are handled. Typically, DUI suspects can opt to have their case heard in state court instead. Meeker acknowledged that McMullen might not be disciplined by council until after his court case concludes. login to post comments
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